IN THE MATTER OF COMPTROLLER OF THE CITY OF NEW YORK v. MAYOR OF THE CITY OF NEW YORK


19 A.D.3d 230 (2005)

797 N.Y.S.2d 465

In the Matter of COMPTROLLER OF THE CITY OF NEW YORK, Respondent-Appellant, v. MAYOR OF THE CITY OF NEW YORK et al., Appellants-Respondents, and SNAPPLE BEVERAGE CORP., Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

June 21, 2005.


The Comptroller waived his objections to the failure of proper certification of the contract, pursuant to City Charter § 327. Under City Charter § 328 (a), the Comptroller may refuse to register a contract entered into between the City and another party, thereby blocking its implementation, where there are appropriate grounds to do so. However, the permitted grounds are limited to those contained in section 328 (b). The only ground applicable here is section 328...

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